San Bernardino County, CA Home Business: Home Daycare (2026)

Family daycare homes in the unincorporated County are governed primarily by California state law, which preempts local zoning. Under SB 234 (the Keeping Kids Close to Home Act, effective January 1, 2020), Health & Safety Code Sections 1597.45 and 1597.46 require that the use of a home as a small or large family daycare home be treated as a residential use of property and a use by right for purposes of all local ordinances, including zoning ordinances. As a result, a city or county may not require a conditional use permit, zoning clearance, or business license for a small or large family daycare home, and may not treat it differently from other residential uses. San Bernardino County's Development Code excludes child day care facilities from its home-occupation chapter (Section 84.12.020) and addresses them through its child care / licensed residential care provisions; older permit requirements that conflict with SB 234 are superseded by state law. Licensing is handled by the California Department of Social Services, Community Care Licensing Division. A small family daycare home cares for a limited number of children in the provider's own home; a large family daycare home provides care for more children (up to and including 14 children under the State definition, depending on capacity and assistant requirements). State fire and life-safety standards still apply: a large family daycare home must pass a fire-clearance inspection, and local jurisdictions may not enforce fire or building rules inconsistent with State Fire Marshal standards. Operators should confirm current licensing and capacity rules with the State.